When a landlord files a lawsuit against a tenant to regain possession of the property, it is called an unlawful detainer lawsuit. Whenever a case of eviction is registered within the court, and also the judge gives a verdict in favor of the homeowner, then the homeowner can apply the law to remove the tenant at the agreed date of the court.
A property owner cannot evict a tenant because of a slight disagreement, distressing behavior, or a temperament conflict. If the property owner desires to win an eviction case, then he must prove that the tenant has violated the terms of the lease and the landlord has given the tenant proper notice to remedy the violation. The landlord must follow the appropriate eviction process. If a landlord can establish a valid reason to evict a tenant, then he should follow his state’s guidelines for legal eviction. If he does not, the tenant may claim things that he can use in the uncontested case. Here are the following steps on how to prevent an unlawful eviction of your tenants.
Notify The Tenant
Most of the time, landlords provide tenants with a government notice for fixing a situation, such as paying back rent, or leaving the property. A cure or quit notice provides the tenant with an alert that either fixes the violation within a specified period or asks the tenant to get out. Also, the landlord should have this notice taped to the tenant’s door and mail it via certified first-class mail. Moreover, you must prove to the court that you did your best to inform the tenant about the potential eviction. Occasionally some property managers or landlords might file a lawsuit without giving the tenant time to resolve the issue, which is illegal.
File With The Court
A landlord can proceed with filing a lawsuit if the tenant does not correct the violation described within the notice and voluntarily moves away. If you submit an unlawful detention case at a local courthouse, the court will give you a date for the eviction hearing and inform the tenant with a summons. Also, depending on the state of residence and how busy your native court is, it will usually take a week to a few months from the date of your filing. If your eviction date takes a few months, then you will have to let the tenant stay on the property until the judge decides.
You will need to provide proof of the explanation for the tenant’s eviction at the court hearing and additionally show evidence that you served the tenant with official notice to cure or leave. Also, you can show the court your rental payment record, copy of all leases, and contact copies of emails or other correspondence or communication with the tenant. If the judge decides on your behalf, you will be able to proceed with the eviction by contacting law enforcement to get the tenant out.
Regaining Possession Of The Property
You will formally recover possession of the property when the court provides you with the proper date for the eviction hearing. After the hearing, you are now permitted to remove a tenant from the property by changing the locks under the laws of your state. You have to spend a lot of time in your native court with the legal eviction case. Moreover, you will need to be patient with court timelines and judgment for the lawful eviction of a tenant. You will need to have all kinds of professional contact with your tenants during court proceedings, and if you become frustrated with your tenant’s behaviour, this will be a challenging case for you.
Evictions are very risky for a tenant because, after the court hearing, the tenant must be prepared to relinquish the landlord’s property. The time and money involved when a landlord goes through the proper eviction method prove that he is searching for the foremost qualified tenants for his wealth, thereby reducing the risk of deporting tenants.